Very - please could someone advise

[Yam950]

I have an account with Very.

I bought a TV a couple of years ago and I'm paying it off. I havent bought anything else since.

My balance is around £500

I have paid every single month - ok its the minimum but its always paid.

The balance has been slowly reducing - until today.

I checked my bank account to find that my payment is £6 more than usual

I called Very who said they didnt know why and it looked like a mistake on my statement - there is no mistake on my statement that i can see, and the person on the phone said they couldnt see anything on it either that would indicate what has happened.

I was told someone would call me back in "the next few days" and if no one has called me by thursday to give them another ring!

I asked if the interest rate had changed and was told no - in fact the person on the phone said they could not see any reason whtsoever as to why they have taken more money.

OK its only £6 but I'm wondering how they can make a "mistake" like this?

Any advice on what to do as i firmly believe i will be the one having to call them on thursday to try and get it sorted out!

[miss muppet]

Don't use your phone to call them, send a letter with everything you have mentioned here and head it up Serious Complaint and give them 7 days to deal with it. You could also email them - I had to do this once, I will scout around and see if I can find the contact details for you - back shortly.

[Yam950]

Thats Brilliant. Thanks miss muppet

[miss muppet]

Ok, here's the email address:-

 

[email protected]

 

Don't forget to head it up Serious Complaint.

[Yam950]

Thank you - i'll let you know how i get on:-)

[Yam950]

I've had a response from Very which states

Dear Yam950Thanks for your email about the changes to your minimum payment.From 25 June 2011, the minimum payment on your account increased from £5 or 5% of your outstanding balance (whichever is the greater) to £5 or 6% of the outstanding balance. A document detailing changes to your current Terms & Conditions will have previously been sent to you. You can find the full terms & conditions for your flexible account at www.addtionsdirect.co.ukIf you require further information about how your account works please feel free to contact us again

Kind Regards

 

 

 

Now on NO occasion did i receive anydocuments telling me about any of these changes. Im not too happy about it at all.

They charge 40.9% interest as it is!Whats my next step?

Edited July 21, 2011 by Yam950

[miss muppet]

Don't blame you one bit, send them another email saying how you have not received any documents detailing these changes and will be making a complaint to Trading Standards and the Office of Fair Trading and then do just that. I think they call TS Consumer Direct now and if you google their site it should give you your local address. When you email them include a quote from the 2008(Unfair terms of contract)-I think(!) again on here somewhere, I'll try and find it and give you the link.

[miss muppet]

Here you go, make sure it actually does fit your purpose, let us know how you go:-

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?198-Consumer-Protection-from-Unfair-Trading-Regs.-2008-Templates

[Yam950]

Thanks Miss Muppet. Im not sure what i should be looking for on the link you left me though? Sorry for being a bit thick if im missing it!

[miss muppet]

Oh Crumbs, I hate this new site layout - didn't go where I wanted it to at all, back in a jiffy!

[miss muppet]

Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”).

Regulation 5(1) of the UTCCR states as follows:

5.(1) “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the customer.”

 

Ok, slightly different but relevant, you could use the other one too, you will hopefully find it in the library - have a look at the Consumer Credit Act too - that is hopefully in the Statutes Library Section 138 and 140A.

 

Basically the idea is to let them know that you know what your rights are and they cannot ride roughshod over you.

[Yam950]

Thats brilliant! Thank you so much! So..... i should write back quoting that and anything else relevent and ask them to revert my account back to the original agreed 5%? Im not really sure what im doing regarding this to be honest lol, but i know im mad as hell over it!

[miss muppet]

Its certainly worth a try, don't forget the complaint to Consumer Direct and Office of Fair Trading, in fact put CC (Company Copy) to both of the afore-mentioned at the bottom of the email.

I detest Very, I had paid them some money and they denied it and then they had to admit they hadn't processed the payment. Personally think they realised they owed me refund of PPI which I hadn't signed for - account goes way back, I'm in the fortunate position of having settled the account - have written telling them how much they owe me but they haven't replied - pursuing another catalogue in court at the moment so awaiting the outcome of that, then I will go for them!

 

Don't worry about not being clued up at the moment, you will soon start to understand things and then you'll be helping others.

[Yam950]

Ok Miss M......email sent reading:

 

Thank you for your email regarding my account, the contents have been noted.

 

At no time have I ever received any notification or documentation relating to this increase either by post or by email.

 

I would therefore ask that you provide me with clear reasons as to why this increase has occurred, as, although you sent me the link to the terms and conditions of my flexible account this does not explain any kind of increase.

 

I would also like to draw your attention to the OFT's guidelines regarding unfair contract terms, Group 10, section 10.2 which states:

If a term could be used to force the consumer to accept increased costs or penalties, new requirements, or reduced benefits, it is likely to be considered unfair whether or not it is meant to be used in that way.

A variation clause can upset the legal balance of the contract even though it was intended solely to facilitate minor adjustments

And also:

Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”).

Regulation 5(1) of the UTCCR states as follows:

5.(1) “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the customer.”

I have been forced to accept these increased payments and that is not acceptable to me. My payments have increased and this is unfair. I would therefore ask you to revert my account back to the original 5% until it is paid in full, and then close the account.

 

I look forward to hearing from you

 

Kind regards

 

Now lets hopeim barkingup the right tree and i can get this millstone paid off!

Yam

[miss muppet]

Well done Yam, that is an absolutely brilliant email, be interesting to see what they reply, bet it won't be as eloquent. Don't forget they are also regulated by the Financial Services Authority.

[Yam950]

Well i've had a response:

 

Dear Yam

Thanks for your email.

We can confirm that a Notice of Variation to advise of this increase was issued in a letter to customers on 14/06/2011. (not to me they didn't)

 

Unfortunately we are unable to revert your account back to 5%.(And the reason for this is??)

 

Please accept our apologies. (For what exactly? Failing to explain yourselves properly??)

 

If you wish to make a formal complaint please put your complaint in writing to the address below. (I thought i already HAD made a formal complaint!)

 

Customer Excellence Team,

Sandringham House,

Sandringham Avenue,

Chelmsford,

CM92 1LJ

 

One STRONGLY worded SECOND COMPLAINT coming right up!

[miss muppet]

Told you it wouldn't be as eloquent as yours Yam - this is obviously a time wasting exercise on their part, you could SAR them if you want to part with £10 postal order(template in library) to produce all the info they have on you and also any "so called" notices of variation they have sent you. You could also advise them that if they don't deal to your satisfaction with this that you will be forwarding a complaint to the FOS. They have 8 weeks to deal with your complaint before you can go down that route and they obviously know this but tell them it starts from your first complaint.

 

Frustrating how dishonest they are isen't it - makes you wonder why you ever ( and I did as well of course) ever use their services!